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(영문) 창원지방법원 2020.07.22 2020고정347

고용보험법위반

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On February 28, 2018, the Defendant applied for eligibility for unemployment benefits and received unemployment benefits corresponding to the unemployment benefits from March 7, 2018 to June 17, 2018, and claimed early re-employment allowances (or 1/2 of the remaining unemployment benefits if he/she was employed during the period of unemployment benefits and worked for one year) to the Kim Sea Employment Center for one year after re-employment to June 25, 2019.

No person shall receive unemployment benefits, childcare benefits, and leave benefits before and after childbirth by fraud or other improper means, and when a person eligible for unemployment benefits provides labor or starts up a business during the period for which he/she wishes to obtain unemployment recognition, he/she shall report such fact to the head of an employment

Nevertheless, even though the Defendant continued to be employed from April 23, 2018 under the jurisdiction of Yongsan-gu Seoul Metropolitan Government “B”, the Defendant applied for the recognition of unemployment falsely on May 9, 2018, May 30, 2018, and applied for the early re-employment allowance on June 14, 2018, and received the payment of job-seeking benefits of KRW 6,570,000 in total five times on June 25, 2019, as indicated in the attached list of crimes. < Amended by Presidential Decree No. 27902, Jun. 14, 2018; Presidential Decree No. 27906, Jun. 25, 2018>

Accordingly, the defendant received unemployment benefits in a false manner five times.

Summary of Evidence

1. Defendant's legal statement;

1. The report on offender's domicile, the individual benefit details inquiry, the overlapping information inquiry, the history inquiry, and the detailed association on business places;

1. Confirmation of details of subscription to the National Pension Scheme, withholding receipts, detailed statement of benefits, and details of deposit transactions;

1. Application of written confirmation, employment contract, income earner, list of incomes by type, and detailed Acts and subordinate statutes;

1. Relevant Article 116 (2) of the Employment Insurance Act for facts constituting an offense and Article 116 (2) of the Employment Insurance Act for the selection of a sentence;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;